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 Defendants include Isolagen, Inc.. Frank L. DeLape, Michael Macaluso, Michael Avignon,

Jeffrey W. Tomz, Robert J. Bitterman, Olga Marko, Martin E. Schmieg, William K. Boss, Jr.,

Steven Morrell, Henry Y.L. Toh, Ralph V. De Martino, Marshall G. Webb, CIBC World

Markets Corp., Legg Mason Wood Walker, Inc., Legg Mason, Inc., Citigroup, Inc., Citigroup

Global Markets, Inc. (a subsidiary of Citigroup, Inc.), Canaccord Adams, Inc., and UBS

Securities LLC.

1

 UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE ISOLAGEN, INC.

SECURITIES & DERIVATIVE

LITIGATION

THIS DOCUMENT RELATES TO:

No. 2:05-cv-04983-RB and

Consolidated Class Actions

MDL NO. 1741

 

LEAD PLAINTIFFS' MOTION FOR CLASS CERTIFICATION

Court-appointed Lead Plaintiffs, Context Capital Management, LLC, Silverback Asset

Management, LLC, Silverback Master Ltd., Silverback Life Sciences Master Fund, Ltd. and Michael

McNulty (together “Lead Plaintiffs”), respectfully move the Court for an Order, pursuant to Rule

23 of the Federal Rules of Civil Procedure, certifying them as the representatives of a class (the

“Class”) consisting of all persons or entities who purchased or otherwise acquired the publicly

traded securities of Isolagen, Inc. (“Isolagen” or the “Company”) during the period from March 3,

2004 through and including August 9, 2005 (the “Class Period”) and who were injured thereby.

Excluded from the class are the defendants,1 employees of the defendants and their immediate

families. Additionally, Lead Plaintiffs seek to be appointed as representatives of the Class. 

This is a securities action that clearly satisfies all of the Rule 23 prerequisites for certification

of a class. Specifically, the Class is sufficiently numerous to make joinder impracticable, there are

Case 2:05-cv-04983-RB Document 99 Filed 02/04/08 Page 1 of 2
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questions of law and fact common to the Class, the claims of Lead Plaintiffs are typical of the Class,

and Lead Plaintiffs will fairly and adequately protect the interests of the Class. Fed. R. Civ. P. 23(a).

In addition, the questions of law and fact common to the Class predominate over any issues affecting

individual Class members and the class action procedure is the superior method of resolving the

claims and defenses in this action. Fed. R. Civ. P. 23(b)(3).

A memorandum of law in support of this motion, a proposed order, and the Declaration of

Pamela E. Kulsrud, dated February 4, 2008, are filed contemporaneously herewith. 

Dated: February 4, 2008 Respectfully submitted

BERNSTEIN LITOWITZ BERGER

 & GROSSMANN LLP

Steven B. Singer (pro hac vice)

Jeremy P. Robinson

1285 Avenue of the Americas, 38th Floor

New York, New York 10019

Tel: (212) 554-1400

KIRBY MCINERNEY LLP

By: /s/ Ira M. Press 

Ira M. Press (pro hac vice)

Pamela E. Kulsrud (pro hac vice)

830 Third Avenue, 10th Floor

New York, New York 10022

Tel.: (212) 371-6600

BARRACK, RODOS & BACINE 

Jeffrey W. Golan

3300 Two Commerce Square

2001 Market Street

Philadelphia, Pennsylvania 19103

Tel.: (215) 963-0600

MARVIN & HENKIN

Peter F. Marvin

8327 Germantown Avenue 

Philadelphia, Pennsylvania 19118

Tel.: (215) 248-5201

Case 2:05-cv-04983-RB Document 99 Filed 02/04/08 Page 2 of 2